Landlord e-newsletter
No. 17: August 2011
In this edition of the e-newsletter we cover:
Services for Landlords and Tenants in Christchurch
Landlords and tenants in earthquake-hit Christchurch have access to a full range of services through the Department of Building and Housing. The emphasis remains on the need for landlords and tenants to work closely together and maintain their relationships.
The Department is offering priority bond refunds and phone mediation services for Christchurch landlords and tenants experiencing disputes. Most Canterbury tenancy bonds are being refunded within 24 hours.
For more information contact the Department of Building and Housing tenancy advice line on 0800 TENANCY or info@dbh.govt.nz.
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Canterbury Earthquake Temporary Accommodation Service (CETAS)
The Canterbury Earthquake Temporary Accommodation Service (CETAS), a joint venture between the Department of Building and Housing and the Ministry of Social Development, is available to help those people affected by the quakes who may be having difficulty accessing alternative accommodation.
The Canterbury Earthquake Temporary Accommodation Service (CETAS) has answered more than 6,000 enquiries from Christchurch residents in need of accommodation, social services or financial support. Of these, more than 1000 callers have indicated accommodation support is required. We are working with them to assess the best options.
We are looking for a range of accommodation options for people who have moved or will have to move out of their homes temporarily while earthquake repairs are being undertaken. You may have a rental property, holiday home, large motel unit, rooms spare in your own home, an empty house while you travel overseas, a fully equipped sleep out, or something similar that would be suitable for rent. Properties in the Canterbury region are important and we will register temporary accommodation options situated elsewhere in New Zealand.
Please either give us your details by registering on http://www.quakeaccommodation.govt.nz/
or call 0800 673 227 if you think you can help.
For information about the Temporary Accommodation service see our website or call 0800 673 227.
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Improving the way Tenancy Tribunal applications are processed
The Department of Building and Housing is testing a number of improvements to the way we provide services to our clients to provide better, faster, smarter residential tenancy services.
The following points may be useful to you when making Tenancy Tribunal applications and will help improve the speed and efficiency with which your applications are processed.
If you are making an application for order to the Tenancy Tribunal, ensure it is accurate and all supporting documents are provided. This will ensure your application is not delayed.
Scheduling of applications will be performed by a single team, so if you are making contact with us call 0800 TENANCY or email info@dbh.govt.nz rather than contacting a local office directly.
To improve timeliness and efficiency, cases that are most often only resolved in a Tribunal hearing will be scheduled directly to a Tribunal hearing.
A sample of telephone mediations will be recorded for quality assurance and training purposes.
Notification of scheduled appointments will be emailed to you.
If the other party does not attend a scheduled mediation the application may be referred for a Tribunal hearing.
If the applicant is not able to be reached at the time of a scheduled mediation the application may be withdrawn.
We will be reviewing and evaluating these changes, to ensure they deliver the improvements in quality, timeliness and consistency of service we are aiming for.
Please send any feedback to us at info@dbh.govt.nz.
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Serving a Notice of Hearing when the tenancy is vacated
Where a tenancy has been vacated, it is the contact information you provide that enables the Department to serve a Notice of Hearing on the tenant.
If you file the application within two months of the termination of the tenancy, service of the Notice of Hearing can only proceed if you provide the Department with:
- the tenant’s address for service, which can be the PO Box, email or fax as stated in the tenancy agreement; or
- a contact address the tenant has supplied to you within two months before the application
If you file the application more than two months after the termination of the tenancy then service of the Notice of Hearing can only proceed if you provide the Department with:
- a contact address the tenant has supplied to you within two months before the application; or
- the physical address where the tenant is now living; or
- details of the tenant’s solicitor or other agent authorised to receive service for the tenant
If the Department looks at your application and requests further contact information from you, you must provide it to us within five days. If you do not provide it, your application will be withdrawn. If your application also included a claim of bond, only the bond application will proceed.
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Emailing notices and calculating notice periods
Either party can serve notices by email if the other party’s email address was supplied as part of their address for service. If a dispute arises regarding whether notice was served properly, the sender will be responsible for proving that notice was sent and received.
When notice will be considered to have been served will depend on how you serve it:
- If you physically hand a notice to your tenant, it is considered to be served immediately.
- If you leave a notice in your tenant’s letter box or attached to the door of the property in a prominent position, it is considered to have been served two working days after the date on which it was delivered, in absence of evidence to the contrary.
- If the notice is properly addressed and posted, it is considered to have been served on the fourth working day after the date on which you posted it.
- If the notice is sent after 5pm by fax, it is considered to have been served on the next working day after it was transmitted.
Notice periods begin on the first day after the notice is given or deemed to be given. For example, if you email a 14 day notice to remedy a breach to your tenant on Tuesday and can prove the email was received the same day, then Wednesday would be the first day of the 14 day notice period.
Section 136 of the Residential Tenancies Act 1986 sets out requirements for serving different types of notice, such as notice to terminate tenancies, increase rent, or remedy a breach. Section 136A sets out how to calculate notice periods.
For more information about serving notices see: http://www.dbh.govt.nz/tenancy-notice.
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Financial Assistance Package for owners of leaky homes
The Government’s Financial Assistance Package for the owners of leaky homes went live on 29 July, 2011. The package is available to landlords.
Under the package, eligible homeowners will receive a 25 percent contribution from the Government and may receive 25 percent from their local council. The contributions will be based on agreed actual repair costs.
Eligible home owners who use the scheme must agree not to sue contributing councils and the Crown, although they can still pursue other liable parties such as builders, developers and manufacturers of defective products.
Under the Weathertight Homes Resolution Service Act 2006, a 10 year limit was set for bringing a claim. That meant that your house had to have been built or altered (if the alterations leak) within 10 years of the date of lodging a claim. There is no change to the 10 year limit under the Financial Assistance Package.
Homeowners are advised to register with the Department of Building and Housing as soon as possible to start the claim process. Homeowners close to the 10 year limit can “stop the clock” by lodging a correctly completed claim now
More information on lodging a claim with the Department of Building and Housing can be found on our website.
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Unit Title Disputes in the Tenancy Tribunal
The Unit Titles Act 2010 took effect from 20 June and provides for a fully integrated dispute resolution service for unit title disputes. This service is provided jointly by the Department of Building and Housing and the Ministry of Justice. Disputes may be heard by the Tenancy Tribunal, the District Court, or the High Court.
Unit title disputes that began before 20 June may need to be dealt with under the relevant law which applied at the time.
To find out who can apply to the Tenancy Tribunal see the dispute resolution section on our website.
If you’re unsure of whether the Unit Titles Act 2010 applies to your dispute, contact the Department for more information on 0800 UNIT TITLES (0800 864 884) or email us at info@dbh.govt.nz.
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Subscribing to our service
The Department offers landlords and property managers a wide range of free news and information services. You can receive the latest market rent updates, Weathertight Homes Resolution Service newsletters, information about licensed builders, building controls and much more.
To see the full range of subscription services and register for any you would like to receive, click here.
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Let us know what you want to see in this e-newsletter
The subscriptions for our landlord e-newsletter have grown significantly over the last 18 months. We want to continue to make sure our e-newsletter offers you as much value and assistance as possible.
We would like to hear from you about what you would like to see more of in this e-newsletter.
You can forward your feedback and suggestions to info@dbh.govt.nz.
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